WVC 3-2-17
§3-2-17. Denial of registration application; notice; appeal to
clerk of the county commission, decision; appeal to
county commission, hearing, decision; appeal to circuit
court.
(a) If the clerk of the county commission finds that any of
the following is true, based on the application or official
documentation of ineligibility, the clerk shall deny the
application for voter registration:

(1) The applicant, at the time the application is received, is
not eligible to register in the county and state pursuant to the
provisions of section two of this article;

(2) The applicant has submitted an application which is
incomplete, pursuant to the provisions of subsection (c), section
five of this article; or

(3) The verification notice as required in section sixteen of
this article is returned as undeliverable at the address given by
the voter.

(b) When the clerk of the county commission determines that
the application must be denied, the clerk shall send, by first
class forwardable return requested mail, a notice that the
application for registration was denied and the reasons therefor.

(1) If the reason for denial is an incomplete application, the
clerk shall inform the voter of the right to reapply and shall
enclose a mail voter registration form for the purpose.

(2) If the reason for denial is return of the verification notice as undeliverable at the address given, the clerk shall
inform the voter of the right to present proof of residence in
order to validate the registration.

(3) If the reason for denial is ineligibility, the notice
shall include a statement of eligibility requirements for voter
registration and of the applicant's right to appeal the denial.

(c) An applicant whose application for registration is denied
by the clerk of the county commission because of ineligibility or
for failure to submit proof of residence may make a written request
for a reconsideration by the clerk, and may present information
relating to his or her eligibility. The clerk shall review the
request for consideration and shall issue a decision in writing
within fourteen days of the receipt of the request.

(d) If the application is denied upon reconsideration pursuant
to the provisions of subsection (c) of this section, the applicant
may make a written request for a hearing before the county
commission. The county commission shall schedule and conduct the
hearing within thirty days of receipt of the request and shall
issue a decision, in writing, within fifteen days of the hearing.

(e) An applicant may appeal the decision of the county
commission to the circuit court. The circuit court shall only
consider the record before the county commission, as authenticated
by the clerk of the county commission. The circuit court may
affirm the order of the county commission, whether the order be
affirmative or negative; but if it deems such order not to be reasonably justified by the evidence considered, it may reverse
such orders of the county commission in whole or in part as it
deems just and right; and if it deems the evidence considered by
the county commission in reaching its decision insufficient, it may
remand the proceedings to the county commission for further
hearing. Any such order or orders of the circuit court shall be
certified to the county commission.

(f) Any party to such appeal may, within thirty days after the
date of a final order by the circuit court, apply for an appeal to
the supreme court of appeals which may grant or refuse such appeal
at its discretion. The supreme court of appeals shall have
jurisdiction to hear and determine the appeal upon the record
before the circuit court and to enter such order as it may find
that the circuit court should have entered.

(g) It shall be the duty of the circuit court and the supreme
court of appeals, in order to expedite registration and election
procedures, to hold such sessions as may be necessary to determine
any cases involving the registration of voters. Judges of the
circuit court and the supreme court of appeals in vacation shall
have the same power as that prescribed in this section for their
respective courts.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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